Asbestos Survey Before Buying Property: Buyer’s Guide

If you’re buying a commercial building, an asbestos survey before buying property should be on your checklist alongside the building survey and the legal searches. Once you complete, the responsibility for managing any asbestos in the building may well become yours, so it pays to know what you’re taking on before you sign.

The Duty to Manage Comes With the Building

Under Regulation 4 of the Control of Asbestos Regulations 2012, whoever is responsible for maintaining and repairing non-domestic premises has a legal duty to manage asbestos. For a freehold purchase, that is usually the new owner.

In practice, this means that from completion you need to know where asbestos is, keep a register, have a management plan and make sure anyone working on the building is told about it. If the building has no register, or a poor one, that gap becomes your problem on day one.

Is the Seller’s Asbestos Report Good Enough?

Many sellers will hand over an existing report. That’s a useful start, but it’s worth checking carefully before relying on it. Ask yourself:

• How old is it? Has it been re-inspected, and are the condition records up to date?
• What type of survey was it? A management survey won’t cover intrusive work you plan to do after buying.
• Does it cover the whole building? Look for outbuildings, roof spaces or plant rooms that were missed.
• How many areas are marked “no access” or “presumed”? Large gaps mean the true picture is unknown.
• Who carried it out? Check the surveyor was suitably qualified and the samples went to an accredited lab.

If the answers aren’t reassuring, commissioning your own asbestos survey before buying property is a small cost compared with the risks.

How Asbestos Can Affect the Deal

Asbestos doesn’t have to stop a purchase. Most materials in reasonable condition can be managed safely where they are. However, the findings can affect your plans and your budget, particularly if:

• you plan to refurbish, extend or fit out the building;
• damaged or higher-risk materials need removing;
• asbestos affects the timing of work you’d planned to start straight away.

Knowing this before exchange means it can feed into your offer and your programme, rather than turning up as an unwelcome surprise once the building is yours.

Arranging an Asbestos Survey Before Buying Property: Practical Steps

1. Ask for the paperwork early

Request the asbestos register, management plan and any re-inspection records as soon as your offer is accepted. Your solicitor can raise this with the seller’s side as part of their enquiries.

2. Get the report reviewed

We can look over an existing report and tell you whether it’s fit for purpose or whether gaps need filling.

3. Commission your own survey if needed

If a new survey is needed, you’ll need the seller’s permission for access and for taking samples. Build this into your timetable.

4. Plan ahead for any works

If you intend to refurbish, you’ll also need a refurbishment and demolition survey of the areas affected before the work begins.

Areas We Cover

We carry out pre-purchase surveys and report reviews for buyers, investors and their advisers across the North of England, from single industrial units in West Yorkshire to larger commercial premises.

Frequently Asked Questions

Is an asbestos survey a legal requirement when buying?

Not as part of the purchase itself. However, if you’ll be responsible for maintaining the building, the duty to manage asbestos will apply to you, so an asbestos survey before buying property is the sensible way to prepare.

Does this apply to residential property?

The duty to manage covers non-domestic premises, including the common parts of blocks of flats. Homebuyers aren’t under the same duty, but a survey is still worthwhile if you plan to renovate an older home.

Can a survey be done before exchange?

Yes, provided the seller agrees to access. Carrying out the asbestos survey before buying property, rather than after completion, is the best way to protect yourself.